Rideshare services like Uber and Lyft have transformed how people travel, offering convenience and affordability. However, as rideshare usage increases, so does the risk of accidents involving these vehicles. Determining liability in a rideshare accident can be complex, especially in a state like Florida with its unique insurance and liability laws. Whether you are a passenger, a driver, or a pedestrian involved in a rideshare collision, understanding who is responsible is essential for seeking compensation.
Florida is a no-fault insurance state, which means that drivers and passengers first turn to their own personal injury protection (PIP) insurance for medical expenses and lost wages after an accident, regardless of fault. However, rideshare accidents often involve multiple insurance policies, which can complicate the claims process.
Here’s how liability typically breaks down:
Rideshare companies like Uber and Lyft typically classify their drivers as independent contractors rather than employees. This distinction is important because it limits the company’s liability in accidents. However, rideshare companies are still required to provide insurance coverage under certain conditions:
If the rideshare driver is logged into the app and available for rides but not actively transporting a passenger, the company’s contingent liability coverage applies. This includes:
Once a rideshare driver accepts a ride and is transporting passengers, the company’s higher coverage limits apply. This includes up to $1 million in liability coverage, which covers both passengers and third parties injured in an accident.
If the rideshare driver is responsible for the accident, their personal insurance may not cover damages if they were driving for hire at the time. Instead, the rideshare company’s insurance policy typically provides coverage based on the driver’s app status. However, proving fault involves gathering evidence such as:
If a third-party driver causes the accident, their auto insurance is primarily responsible for covering damages. However, if the at-fault driver lacks adequate insurance, the rideshare company’s uninsured/underinsured motorist coverage may apply to protect passengers and the rideshare driver.
Rideshare companies often attempt to minimize their financial responsibility by arguing that their driver was not at fault or that certain policy exclusions apply. In such cases, working with an experienced personal injury attorney is crucial to navigating the complexities of insurance claims and ensuring you receive fair compensation.
If you’re involved in a rideshare accident in Florida, taking the following steps can protect your rights and strengthen your claim:
Determining liability in a rideshare accident requires a thorough understanding of Florida’s insurance laws and the rideshare company’s policies. An experienced attorney can evaluate your case, identify the responsible parties, and help you secure the compensation you deserve.
At Kemp Injury Law, we specialize in rideshare accident claims and are dedicated to helping our clients recover after an injury. Visit our rideshare accidents page to learn more about our services, or contact us today for a consultation.
Rideshare accidents can leave you with significant medical bills, lost wages, and emotional distress. Understanding who is liable and pursuing compensation can make all the difference in your recovery journey.